Fiat Chrysler Recall Reminiscent of HLM Client’s Win
A sleek gear shift design is largely responsible for Fiat Chrysler’s recall Friday of 1.1 million Jeep Grand Cherokees, Dodge Chargers and Chrysler 300s.
Since August, federal safety officials have been investigating hundreds of complaints into the design, which has purportedly caused more than 300 accidents due to runaway vehicles. The company recalled about 400,000 vehicles as the National Highway Traffic Safety Administration launched its inquiry. The design makes it easy for a person to mistakenly believe the vehicle is in “PARK” when it isn’t.
Fiat Chrysler’s press release announcing the recall suggests it’s the fault of victims who aren’t paying close enough attention.
“Unless due care is taken, drivers may draw erroneous conclusions about the status of their vehicles,” Fiat Chrysler said.
Drivers evidently are confused by the electronic shift levers that return to the same position after each shift. The lever is similar to a joystick, according to RoadandTrack.com. Safety officials say the design is not intuitive.
According to Fiat Chrysler’s assessment, drivers also aren’t aware of messages from the vehicle notifying them it’s not in “PARK” when they open the door to get out.
“Investigation suggested these measures may be insufficient to deter some drivers from exiting their vehicles without selecting ‘PARK,’ ” the company said in a press release.
The result is about 300 incidents of cars and SUVs rolling into other vehicles, a building and, in one case, a cemetery. Injuries range from sprained wrists to fractured pelvises.
The design at issue is called “false park,” by trial lawyers who have represented victims hurt by their own vehicles. Harris Lowry Manton in 2009 won one of the largest “false park” verdict on record on behalf of Jessica Mundy, a former accountant.
In 2005, Jessica got out of her Ford Explorer to mail a package. When she noticed the SUV moving, she tried to climb in to stop it but was run over instead. The 2004 Explorer broke her spine and she was paralyzed.
A state court jury in Georgia awarded Jessica $40 million after hearing evidence introduced by HLM lawyers that Ford knew of 751 complaints about the vehicles falsely appearing to be in the “PARK” setting.
Fiat Chrysler’s recall announcement includes certain models of 2012-2014 Dodge Chargers, Chrysler 300 sedans and Jeep Cherokees. Outside the United States, about 316,700 other vehicles are being recalled.
The company promises changes that will “combine warnings with a transmission-shift strategy to automatically prevent a vehicle from moving, under certain circumstances, even if the driver fails to select ‘PARK.’ ”
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